Marine (Scotland) Act

Key UK Marine & Coastal Access Act legislation relevant to Scotland

Marine (Scotland) Act
The Marine (Scotland) Act applies to the inshore area in Scotland, and to some functions in the Scottish offshore area. The powers in the Act complement the provisions of the UK Marine and Coastal Access Act 2009, which created new responsibilities for Scottish Ministers on marine planning and conservation in offshore waters outside 12 nautical miles (nm).

For more information see:

• Seafish Guidance Note - Marine Scotland Act
• Marine Scotland Act 2010
• Marine Policy Statement (MPS) - will result in integrated management of UK marine area. Scottish Ministers will participate in the formulation of the MPS.
• Marine Planning - if the MPS is adopted by Scottish Ministers, marine planning in the offshore and inshore area will be guided by the MPS.
• Marine Licensing - combines FEPA and CPA consent, making Scottish Ministers responsible for issuing new marine licenses in the Scottish offshore region.
• Marine Conservation - Scottish Ministers will have a power to designate Marine Protected Areas.
• Marine Protected Area Network
  Marine Protected Area Network - Ministerial statement
• Common Enforcement Powers - Scottish Ministers new enforcement powers extend to marine conservation and licensing.

The most notable differences to the Marine and Coastal Access Act are:

• The conservation side of the legislation provides for the set up of research and demonstration marine protected area, in addition to those in an ecologically coherent network for nature conservation.
• There is no coastal access section.

Next steps

• A Nature Conservation Strategy was published on 6 April 2010 outlining Marine Scotland's vision, purpose, aims and objectives for protecting marine biodiversity.
• The marine planning and conservation provisions, including some of the common enforcement powers of the Marine (Scotland) Act came into effect on 1 July 2010. In addition, there will be a phased approach to seal conservation provisions, with parts being implemented on 1 September 2010, before the main provisions come into effect 31 January 2011. There will be a second commencement order later in the year, which will cover marine licensing and outstanding issues in relation to common enforcement powers, etc.
• Consultation on the marine licensing regime began on the 1 July 2010 and lasted until 30 September 2010.
• A consultation on Scottish Marine Regions runs until 18 February 2011. The options presented would result in 10-12 Scottish Marine Regions.
• Draft Scottish Marine Protected Area guidelines were published on 7 April 2010. This document sets out draft guidelines on the selection of MPAs and the development of the MPA network. It relates to Nature Conservation MPAs, as well as demonstration and research MPAs in the seas around Scotland. Comments on the draft guidelines were requested by 4 June 2010.
• Wind energy consultation. There was a 12 week consultation (ended 16 August 2010) on a Development Plan to further develop offshore wind energy for the short, medium and long term.
• Draft plan for Offshore Wind Energy in Scottish territorial waters - Covering letter

For further information contact:

Mark Gray
Environmental Assessment Support Officer
t: 01248 605038
e: m_gray@seafish.co.uk